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Torts keyed to Best
Rossell v. Volkswagen of America
Citation:
147 Ariz. 160, 709 P.2d 517 (1985)Facts
Plaintiff Phyllis Rossell was driving with her daughter, Julie Ann Kennon, when she began to fall asleep at the wheel. Rossell realized that she was beginning to drift and overcorrected. The car went off the road and went into a culvert. When the car overturned, the car battery was fractured and dislodged. While Rossell was unconscious after the collision, sulfuric acid from the battery dripped onto her daughter for several hours, causing severe burns.
Rossell filed a products liability suit against Volkswagen, and a jury found for Rossell. Volkswagen filed a motion for a judgment notwithstanding the verdict on grounds that Rossell had not established a prima facie case for negligence because she had not introduced an expert witness for professional standards purposes. The trial judge denied the motion, but the court of appeals ruled in favor of Volkswagen. Rossell appealed.
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